Mount Olive, NC asked in Family Law and Child Custody for North Carolina

Q: Divorced and have a 6 year old son with NO custody agreement, ex wife has no power in home can i keep my son with me?

No custody agreement wife normally keeps son with her but he stays with me during school breaks and weekends, recently found out ex wife hasnt had power in home since moving into home over a year ago, my son has to go next door to take baths (he doesnt get baths like hes supposed to) because the water doesnt get hot because their is no power, my son doesnt have to worry about ANYTHING when hes at my house, can i take my son from my ex wife until she gets power on in her home? Or do i have to let her take him back even with whats going on? Supposed to get him this coming up weekend and need to know if i can keep him until she gets her power cut on. Hes in kindergarten close to her home but i have his birth certificate and temporary ss card until new ss card comes in mail if i can keep him can i also transfer his school ?

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2 Lawyer Answers
Adam Bull
Adam Bull
Answered
  • Divorce Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: Yes. Without a Court order each parent has a right to keep the child. If she cannot provide suitable housing at the moment, you need to look out for the best interest of your child. If she resolves her housing issue you should still seek formalization of the custody arrangement to prevent disputes in the future.

Contact an experienced family law attorney to help you.

Angela McIlveen
Angela McIlveen
PREMIUM
Answered
  • Divorce Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: The United States Constitution provides that parents have the right to raise their children. There is no distinction between mothers and fathers. Fathers have just as much right to parent their children as mothers. When there isn't a custody order in place, parents have equal rights. This means you have the same rights as your child's mother. You can pick your child up and keep your child. You can transfer him to a new school. The issue you may run into is that his mother can do the same thing back to you. She can also pick him up and keep him or change his school. Child custody lawyers, like myself, call this rush to the schoolhouse. It happens when parents rush to the school to beat each other to get there first so they can be the one to snatch the child back again. It sounds like what you really need is a court order for child custody. In your situation, you should talk to an attorney about getting an emergency or temporary custody order. You can view more information on child custody on our website: https://www.mcilveenfamilylaw.com/north-carolina/charlotte/

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